9

Employment Case Law decisions, do you review and amend policies as a result?

I've been having a conversation with a colleague and it would be really great to get some feedback from within the community.  When it comes to Corporate HR policies ( and procedures) do you review /amend these following case law decisions?  If yes, do you do this yourself or outsource this?  

699 views
  • I do (occasionally) and then advise clients when it comes to their annual review
    The tricks are not to over-react based on one case and then to know how to re-word. Neither are DIY tasks
  • Hi Lucy,
    Yes, I do. Usually only when an issue has been decided at EAT or CA rather than ET.
    One example would be the changes to holiday pay - our overtime and holiday policies changed in the light on the decisions on this. I did some research and made the changes myself.
    You need to be sensible as Peter says and always take advice if there are areas of doubt. These communities are invaluable on these matters.
    Debi
  • In reply to Deborah:

    Hi Lucy

    I think it’s not possible to answer this as a generalisation.

    The only generalisation possible is that all workplace policies and procedures should be regularly and systematically reviewed as a matter of QA policy and procedure in the light of all possible applicable changes and in the meantime if needs be / on an immediate ad hoc basis if eg the law (including case law if applicable) changes with regard to their content. The decision(s) about whether or not to change them have to be determined by the balance of pros and cons involved in the individual particular circumstances. Case law developments typically aren’t as clear in this regard than eg general regulatory changes such as to statute law, so you’ll need to weigh expert legal commentary and advice and guidance into those pros and cons.
  • In reply to Peter Stanway:

    Thanks Peter, I appreciate your feedback.
  • In reply to Deborah:

    Hi Debi, thanks for your comments - much appreciated.
  • In reply to David:

    Thank you David, I appreciate your comments.
  • Thank you for all of your comments. I was of the view that changes were made on actual legislation changes but this has refined my awareness!
  • Steve Bridger

    | 0 Posts

    Community Manager

    12 Jun, 2019 12:09

    In reply to Lucy:

    By the way, Lucy... and for others... do bookmark this page on the CIPD website for a rolling update of recent and forthcoming legislation:
    www.cipd.co.uk/.../legislation-updates
  • In reply to Lucy:

    Legislation is relatively easy
    Case law is usually open to appeal (or just being wrong or impractical
    Most people steer away from doing much based on case law, including the big consultancies